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Vacate Notice To Landlord

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									                                                          Notice to Vacate                                       Counting the days
  New procedures for serving a
  Notice to Vacate for failure to          1. If a tenant does not pay the rent when it is due,     Rent is due on June 1 - 20 day Notice to
                                           the landlord may issue a Notice to Vacate using the      Vacate
             pay rent                      form provided by the Rentalsman.                         It the tenant does not pay rent on June 1, a
                                           2. The date for the tenant to vacate must be at          Notice to Vacate can be served on June 2 which
                                           least 20 days from the date of service of the notice.    is the day following the day rent is due. Then the
                                           If the notice is served ten days or more after the day   landlord must count 20 c l e a r days from the date
                                           on which the rent is due, the date to vacate shall be    of service, and cannot count the day of service.
                                           at least 10 days after the day it is served. (See        Therefore, service on June 2 with 20 clear days
                                           Counting the Days) In both cases, if the notice is       following takes the notice to the end of the day
                                           mailed to the tenant, 3 additional days must be          of June 22. An Eviction Order cannot be issued
                                           added.                                                   before June 23.

The Residential Tenancies Act was          3. The landlord must serve a copy of the notice          Rent is due on June 1 - 10 day Notice to
amended on June 16, 2000. This             on the Rentalsman within 7 days of service on the
                                           tenant.                                                  Vacate
amendment will enable a landlord to                                                                 If the tenant does not pay rent, and the landlord
serve a 10 day Notice to Vacate if he or   4. The Notice to Vacate is cancelled if the tenant       waits for 10 days a f t e r the day the rent was due,
                                           pays the total rent owed within 7 days of the date       the Notice to Vacate can be served on June 12,
she serves it 10 days after rent is due.
                                           of service.                                              and 10 clear days would then take the notice to
This pamphlet explains the full                                                                     the end of the day on June 22. An Eviction
procedure a landlord can follow when a     5. If the tenant fails to pay and does not vacate as
                                                                                                    Order cannot be issued before June 23.
                                           required by the notice, the landlord may apply to
tenant fails to pay the full rent at the   the Rentalsman for an Eviction Order.
due date.                                                                                           Note
                                                                                                    Landlords can begin the process any time after
                                                      Final Notice to Vacate                        rent is due, but would always have to count the
                                                                                                    same way. It is important to realize that one
                                           1. The landlord may elect to terminate a tenancy         cannot count the day of service, and the notice
                                           by way of a Final Notice to Vacate using the form        must include all of the last day of the notice
                                           provided by the Rentalsman if:
                                           a. the tenant has been served at least 1 previous
                                           Notice to Vacate OR,
                                           b. in the case of Mobile Home Sites, the tenant has
                                           been served at least 3 previous Notices to Vacate.
                                           2. The landlord must serve a copy of the notice
                                           on the Rentalsman within 7 days of service on the
                                           tenant.
                                           3. Payment of the total rent owed by the tenant
                                           will not cancel the Final Notice to Vacate.
                                           4. If the tenant does not vacate the premises on
                                           the date required in the Final Notice to Vacate, the
                                           landlord may apply to the Rentalsman for an
                                           Eviction Order.


                                                                                                                                                  010406

								
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